The Exploitation of the Compliance of the Prison Sentence

Abstract

Once known the severity of the prison sanctions imposed to those condemned by the sentence of the Supreme Court 459/2019 14th October and the rejection of the period of security, the unknown about their form of enforcement begins, in particular about the possibilities of access to the semi-open regime. This discussion requires the analysis of the legal requirements, consistent with the importance of the interpretation and application of the penitentiary legal regime
assigned to Catalonia, where the prisons are located. The enforcement of the penalties must be individualized, which is a requirement derived from the constitutional mandate of social reintegration, and not arbitrary, or in violation of the legal certainty, provided that the penitentiary decisions come to terms with the legal framework of discretion, will be entirely justified and submitted to the judicial control